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lianed and do justice between the nations. He confesses his faith in arbitration and its future not merely by cases selected from tribunals of arbitration, but in various passages in the notes, and in the appendix he prints the Final Act of the Second International Peace Conference, the Convention for the Peaceful Settlement of International Disputes, the Convention respecting the Limitation of the Employment of Force for the Recovery of Contract Debts, and the Draft Convention relative to the Creation of a Court of Arbitral Justice.

The nature and extent of the volume are shown by the table of contents: The nature and sources of international law, pp. 1-15; the relation of international law to English law, and the question of treaties. pp. 15-22; international courts of arbitration and commissions of inquiry, pp. 23-40; international persons (states, semi-sovereign states, belligerent communities), pp. 41-68; succession in international law, pp. 68-76; plenary representation of states, pp. 76-82; acts of state in international law, pp. 83-86; proceedings by and against foreign states, pp. 86-91; privileges of sovereigns or heads of foreign states, pp. 92–96; state territory and boundaries, pp. 96-115; navigable rivers of a state, pp. 116-124; the freedom of sea, pp. 124-132; territorial waters (the littoral sea; gulfs, bays and inland seas; straits and waterways, natural and artificial), pp. 132-153; rights of fishery, pp. 153-162; extraterritorial action, pp. 162-165; self-defense and protective jurisdiction on the high seas, pp. 165-170; state membership (nationals by birth, nationals by adoption, loss of national character and its reacquisition), pp. 170-196; rights and liabilities of aliens in time of peace, pp. 196–205; domicile, pp. 206-212; criminal jurisdiction and law of a state (territorial, extraterritorial), pp. 212-227; civil jurisdiction and law of a state, pp. 227-234; extradition of criminals, pp. 235-245; extraterritorial communities, pp. 246-251; public vessels and armed forces of a state (ships of war, public vessels other than ships of war, persons on board public vessels), 251-264; rights and duties of public armed vessels on the high seas, pp. 264-268; private vessels on the high seas, pp. 268-277; private vessels in foreign ports and territorial waters, pp. 277283; piracy and analogous acts, pp. 283-287; insurgents carrying on war by sea, pp. 287-290; the slave-trade, pp. 290-293; agents of a state in its external relations, pp. 293-306; diplomatic agents and consuls, pp. 307-314; treaties and international agreements, pp. 314-321; termination of treaties, pp. 321-328; interpretation of treaties, pp. 328

333; international delinquencies and methods of redress short of war, pp. 334-348.

This outline of the contents of the leading cases, as well as the statement of the treatment of the various subjects, is sufficient to show the value of Mr. Cobbett's contribution to international law; and the reviewer, in conclusion, expresses the hope that the present edition of this excellent work may interest readers in international law as the first edition of the original work induced him to devote himself to its systematic study.

JAMES BROWN SCOTT.

A Valedictory Retrospect (1874-1910). Being a Lecture delivered at All Souls College, June 17, 1910, by Thomas Erskine Holland, K. C., D. C. L., F. B. A., Chichele Professor of International Law and Diplomacy.

This lecture, a pamphlet of twenty-three pages, summarizes the activities of an Oxford professor who has exercised a commanding influence in the field of international law. The American Society of International Law has acknowledge this by making Professor Holland one of its first honorary members. The thirty-six years of service reviewed in this lecture cover a period of very rapid development of law in international relations. Professor Holland has often made known to the world his opinions upon matters which were disturbing the minds of statesmen. A glance through the collection, "Letters to the Times on War and Neutrality" (1881-1909), will show that Professor Holland's influence has not been "bounded by the precincts of the University." Professor Holland's great service in focusing attention upon the important contribution of Alberico Gentili to the law of war has justly received recognition throughout the world. As an active member of the Institut de Droit International, serving upon many committees, Professor Holland has done much to mould international law. Always influential with and often the official representative of the British Government in matters involving international law, Professor Holland has served well his state as also his University. American students of international law would certainly pay respectful homage to one who has contributed so much to "the science which it has been his business to study and to teach."

GEO. G. WILSON.

The New Cyneas of Emeric Crucé. Edited with an introduction and translated into English from the original French text of 1623 by Thomas Willing Balch. Philadelphia: Allen, Lane and Scott. 1909. pp. xxxi, 363.

The remarkable work of Emeric Crucé has had a curious career. Published in 1623, known to Leibniz, as appears from a letter addressed to the Abbé Saint-Pierre (Introduction, p. xxii), it disappeared from sight until a copy of it was picked up by Charles Sumner's brother and bequeathed by the latter in 1874 to Harvard College, and was reintroduced to the world by the distinguished Belgian publicist, M. Nys, in 1890. The very name of the author was unknown until M. Nys identified him as Emeric Crucé and enrolled him among the list of the pacifists who deserve the grateful remembrance of mankind. One copy of the work is in the National Library at Paris and was consulted by M. Nys. Another copy is in the library of Harvard University. A third copy is thought by M. Nys to be in existence.

Mr. Balch, who published a brochure on Emeric Crucé in 1900, has had the happy inspiration to publish the original text of the Nouveau Cynée, and to accompany it, page by page, with an English translation. The French is therefore at the disposal of scholars and the English translation within the reach of those who may be unwilling or unable to read the somewhat difficult French of 1623.

Mr. Balch has prefixed to the volume an introduction in which he states what is known of the author and supplies a very brief but interesting synopsis of the work.

The name is peculiar but significant, for Cyneas, as related by Plutarch in his Life of Pyrrhus, was an orator and favorite of Pyrrhus whose ambition it was to conquer the known world, after which he expressed an intention to take his ease, to drink and be merry. Cyneas regarded the conquering of the world as a somewhat exorbitant price to pay for the ease, drink and making merry, and suggested to his royal master that, if that be the end of his toils, there is nothing to hinder "us from drinking and taking our ease now when we have already those things in our hands, at which we propose to arrive through seas of blood, their infinite toils and dangers, their innumerable calamities, which we must both cause and suffer."

Crucé is the modern Cyneas and counsels the princes, to whom his work was especially dedicated, to cultivate peace, to eschew war, and to settle their controversies by peaceful means, to-wit, arbitration. Crucé

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did not limit his plan to the Christian countries of Europe, nor did he have any particular desire to enhance the station of any country, a purpose evident in the Great Design of Sully and the Perpetual Peace of Saint-Pierre. His desire was to do justice to all men and to maintain peace in all quarters of the world. "Why should I," he says, "a Frenchman, wish to harm an Englishman, a Spaniard, or a Hindoo? I can not wish it when I consider that they are men like me, that I am subject like them to error and sin and that all nations are bound together by a natural and consequently indestructible tie, which ensures that a man can not consider another a stranger, unless he follows the common and inveterate opinion that he has received from his predecessors.' (Intro. xiii.) He recognized the necessity of commerce and that in order to enjoy the benefits of commerce nations must have peace. "What a pleasure it would be," he says, "to see men go freely here and there, and to hold intercourse with one another, without any scruples of country, ceremonies or other such diversities, as if the earth were as it really is, a dwelling place common to all!" (Intro. xii.) To induce universal peace he proposed, to quote from Balch, "a universal union that should include even Persia, China, Ethiopia, the East Indies, the West Indies, indeed all the world. A delicate question was, how to arrange the order of rank and precedence. He suggested as a possible solution of this difficulty, the following order, and some of the reasons for it:

"First: The Pope, in part out of respect to ancient Rome.

"Second: The Sultan of the Turks, because of the majesty, power, and happiness' of his Empire, and also on account of the memory of the ancient Eastern Empire, of which Constantinople was the capital.

"Third: The Christian Emperor.

"Fourth: The King of France.

"Fifth: The King of Spain.

"Then the claims of the Kings of Persia and China, Prester John, the Precop (sic) of Tatary and the Grand Duke of Muscovy, must be arranged.

"Next the importance and order of precedence of the Kings of Great Britain, Poland, Denmark, Sweden, Japan and Morocco, the Great Mogul and the other monarchs demanded attention.

"Among other expedients, Crucé proposed to give the first place to the first comer, or to the oldest, or again à tour de role." (Intro. xix-xx.) In this capacity Crucé appears as a partisan of federation. He was also a partisan of arbitration as a means for the peaceful settlement of

international disputes, and he suggested, in order to render arbitration efficacious, an international court at Venice before which any powers in disagreement should appear in the person of an ambassador to plead their cause. To quote again from Balch, “Crucé proposed that all the principal sovereigns of the world should always have at Venice ambassadors to represent them in a general assembly of all the nations of the world: and that when any two sovereign potentates should disagree, that then instead of settling their difference of opinion by resorting to arms and war, they should appeal to the judgment of this assembly sitting at Venice, each contestant presenting his side of the case through his own representative in Venice. In this general world-wide assembly, Crucé wished to include the great republics. But the ambassadors of the republics were not to have a vote except in case of a tie. 'And if the opinions of the assembly of the Princes or their Deputies were found to be divided into two parts and of equal weight, as may happen,' he says the Deputies of the Republics who would have a deliberative voice could then be called, in order to finish the debate by the counterbalancing weight of their suffrages.' Thus in the rough we find the present Hague International Court sketched out." (Intro., pp. xvi-xvii.)

Without entering into details, enough has been said to show the general interest of this remarkable work, and Mr. Balch deserves the gratitude of students and scholars for placing it within reach in its original and translated form. The enterprise has been a labor of love, for Mr. Blach has printed the volume in luxurious form and at his own expense and offers it to the public at cost.

JAMES BROWN SCOTT.

Lo Stato Soggetto Del Diritto Internazionale. By Dr. Andrea Rapisardi-Mirabelli. Pisa: Direzione Dell' Archivio Giuridico. 1909,

89 pp. L. 4.

The present study is, as we are informed in a foot-note, intended by the author to form one among a series dealing with "Fundamental questions of international law.”

"The State as the subject of International Law" would hardly ap pear to furnish a theme capable of much elaboration. Indeed, the author opens by the declaration that the great majority of the definitions of international law define or assume the state as its only subject, and that from this point of view he has merely to deal with one or

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